EMPEROR Vs. FATEHKHAN BAHADURKHAN

JUDGEMENT

(1.) THE Court observes that the Government Pleader who appears for the Crown has not supported the convictions Under Secs.411, 109 and 143 of the Indian Indian Penal Code, but has asked that the convictions uuder Secs.457 and 511 should be maintained. THE Court accordingly sets aside the convictions under Sections 411, 109 and 143 of the Indian Penal Code, and reduces the aggregate sentence of sixteen months rigorous imprisonment passed upon the accused to one of one year's rigorous imprisonment.

(2.) THE Court at the same time wishes to call the attention of the Magistrate to the Full Bench decision in Queen-Empress V/s. Malu (1894) I.L.R. 17 Mad. 235 and the provisions of Section 35 of the Criminal Procedure Code, 1898.